Assembly Bill A2597

2019-2020 Legislative Session

Sets internal investigative standards and practices for police officers with respect to matters of police conduct

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2019-A2597 (ACTIVE) - Details

Law Section:
Civil Service Law
Laws Affected:
Add §204-b, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2346
2011-2012: A826
2013-2014: A97
2015-2016: A1504
2017-2018: A1010

2019-A2597 (ACTIVE) - Summary

Sets internal investigative standards and practices for police officers with respect to matters of police conduct; supersedes contrary provisions of law or collective bargaining agreements.

2019-A2597 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2597
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to internal  investi-
   gative standards and practices for police officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil service law is amended by adding  a  new  section
 204-b to read as follows:
   §  204-B.  INTERNAL  INVESTIGATIVE  STANDARDS AND PRACTICES FOR POLICE
 OFFICERS. 1. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT THE  CONDUCT
 AND  COMPETENCE  OF  POLICE  OFFICERS ARE MATTERS OF VITAL IMPORTANCE TO
 PUBLIC SAFETY AND WELFARE AND  TO  THE  MAINTENANCE  OF  CIVIL  SOCIETY.
 THESE MATTERS ARE EFFECTED WITH THE HIGHEST PUBLIC INTEREST.
   2.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF LAW, THE FOLLOWING
 PROCEDURES SHALL APPLY TO INVESTIGATIONS OF  THE  CONDUCT  OF  A  POLICE
 OFFICER  BY ANY POLICE AGENCY, NOTWITHSTANDING ANY CONTRARY PROVISION OF
 ANY COLLECTIVE BARGAINING AGREEMENT. ANY COLLECTIVE BARGAINING AGREEMENT
 OR PORTION THEREOF INCONSISTENT WITH THE PROVISIONS OF THIS  SECTION  IS
 HEREBY DECLARED TO BE VOID AS AGAINST PUBLIC POLICY.
   3.  ANY  INVESTIGATION  INTO  THE CONDUCT OF A POLICE OFFICER SHALL BE
 CONDUCTED AS FOLLOWS:
   (A) QUESTIONING AND INVESTIGATION OF  OFFICERS  SHALL  COMMENCE  IMME-
 DIATELY UPON THE OCCURRENCE OF CAUSE THEREFOR;
   (B)  WHENEVER  MORE  THAN  ONE  OFFICER IS TO BE INVESTIGATED OR QUES-
 TIONED, ALL OF THE INVOLVED OFFICERS SHALL BE QUESTIONED SEPARATELY;
   (C) NO PRELIMINARY OR UNOFFICIAL STATEMENTS SHALL BE TAKEN;
   (D) ALL STATEMENTS SHALL BE RECORDED  VERBATIM; AND
   (E) QUESTIONING  AND  INVESTIGATION  OF  NON-OFFICER  WITNESSES  SHALL
 COMMENCE IMMEDIATELY UPON THE OCCURRENCE OF CAUSE THEREFOR.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00734-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.